[Amended 7-18-2019 by L.L. No. 18-2019; 12-17-2020 by L.L. No. 15-2020, effective 12-28-2020]
The purpose of the Commercial Redevelopment District legislation
is to create the type of planning and zoning flexibility which is
necessary to stimulate the revitalization of abandoned, vacant or
underutilized commercial shopping center, bowling alley and health
club properties. This type of sound planning is designed to achieve
economically beneficial and socially desirable redevelopment which
is more creative and imaginative in its land use and design than is
possible under the more rigid, Euclidean and conventional regulations
currently in place. The Commercial Redevelopment District is envisioned
to guide redevelopment patterns that are civic-oriented, pedestrian-friendly,
economically vibrant, environmentally sustainable, and that evoke
a unique sense of place. The intent of the Town Board is to enact
zoning which can be used as a positive redevelopment planning tool
that will:
A.
Stimulate the revitalization of abandoned, vacant or underutilized,
commercial shopping center, bowling alley and health club properties.
B.
Encourage flexibility in site and architectural design.
C.
Maintain a consistently high level of design quality.
D.
Encourage redevelopment that blends a combination of residential,
commercial, cultural, or institutional uses.
E.
Offer the opportunity for a balanced array of housing designed to
meet the needs of the Town and the region.
F.
Encourage redevelopment that is characterized by compact, pedestrian-oriented
developments that provide a variety of uses, diverse housing types,
and are anchored by a central public space and civic activity.
G.
Encourage redevelopment that is walkable, affordable, accessible,
distinctive and, in Brookhaven, true to the significant character
and context of each community and/or hamlet.
H.
Recognize that public and private spaces have equal importance, creating
a balanced community that serves a wide range of home and business
owners.
I.
Encourage the inclusion of civic buildings and civic space, in the
form of plazas, greens, parks and squares, that enhances community
identity and value.
J.
Encourage the efficient provision and delivery of governmental services,
including educational, cultural, recreational and emergency services.
The Commercial Redevelopment District shall only apply to existing
abandoned, vacant or underutilized:
A.
Commercial shopping center properties over five acres in size.
B.
Bowling alley properties over five acres in size.
C.
Health club properties over five acres in size.
D.
Commercial shopping center, bowling or health club properties over
five acres in size, where the buildings have been demolished and removed.
A.
Minimum nonresidential yard setback: The minimum required yard setback
to adjacent nonresidential development shall be zero feet.
B.
Minimum residential side and rear yard setback and buffer: The minimum
required side and rear yard setback and buffer to adjacent residential
development shall be 25 feet.
C.
Maximum permitted height: The maximum permitted height shall be 50
feet. Mechanical/utility structures and enclosures are permitted above
the allowed height but must be set back at least 10 feet from the
roof perimeter.
D.
Maximum permitted nonresidential single-tenant building size: The
maximum permitted nonresidential, single-tenant building size shall
be less than 40,000 square feet gross floor area.
E.
Residential unit size regulations.
(1)
No more than 30% of the residential units shall exceed 1,200 square
feet.
(2)
Minimum 30% of the residential units shall be less than or equal
to 800 square feet. However, no more than 10% of the residential units
shall be equal to or less than 450 square feet.
(3)
No residential unit shall be less than 400 square feet.
F.
Civic space and recreational requirements. Civic space and recreational
areas, including squares, private plazas, greens, and public parks,
shall be intermixed throughout the development for social activity,
recreation, and visual enjoyment.
(1)
A minimum of two square feet civic space per residential unit shall
be provided.
(2)
Civic space may be provided both indoors and outdoors.
(3)
At least one civic space location shall be devoted to creation of
a focal point that is dedicated to the advancement of the arts or
advances the historic or cultural significance of the community.
(4)
Civic space requirements are in addition to the recreational requirements
required herein. Outdoor recreation areas shall not count as civic
space.
(5)
Minimum outdoor recreational area shall be equal to the number of
units multiplied by 200 square feet.
(6)
Recreational requirements may be provided on-site, off-site or a
payment made in lieu of. Payments made in lieu shall use the recreational
fee as established by Town Board resolution. Any off-site recreational
facilities provided must be located within the community in which
the project that is proposed is located and any payments made in lieu
of providing on-site recreation must be used for the community in
which the proposed project is located.
G.
Pedestrian and bicycle access.
(1)
Plans shall provide for continuity from sidewalks in public streets
to main pedestrian entrances on the site.
(2)
Provisions for secure interior bicycle storage space for the residential
units shall be provided.
(3)
Provisions for nonresidential bicycle lockers for employees and bicycle
racks for visitors shall be provided.
(4)
Where appropriate, provide pedestrian and/or bicycle paths connecting
the site with abutting areas to promote pedestrian and bicycle circulation
and safety.
(5)
Bike paths shall be provided along any main roadway that connects
the development to a street or community or as may be directed by
the Town Board or Planning Board.
H.
For buildings taller than one story, a horizontal expression line
is required at the second-floor line and at any additional floor lines.
I.
Land development standards.
(1)
All Article XXXIV, Land Development Standards, shall apply unless specifically superseded herein.
(2)
All loading, setback, landscaping, green landscaping design and buffer requirements of Article XXXIV, Land Development Standards, are superseded by the standards of the Commercial Redevelopment District.
(3)
Minimum parking requirements.
(a)
Residential.
[1]
One stall per residential unit less than or equal to 600 square
feet.
[2]
1.5 stalls per residential unit greater than 600 square feet
but less than or equal to 900 square feet.
[3]
Two stalls per residential unit greater than 900 square feet
but less than or equal to 1,200 square feet.
[4]
2.5 stalls per residential unit greater than 1,200 square feet.
[5]
0.5 stall per residential unit designated for persons with special
needs.
K.
Signage: All signage shall be as approved by the Town Board or Planning
Board.
B.
Density increase criteria. Permitted base density may be increased
by the following:
(1)
If the project site is located within 2,000 feet of an MTA/Long Island
Railroad active station, an additional seven units per acre of residential
development and an additional 1,500 square feet per acre of nonresidential
development may be permitted.
(2)
If the project site can utilize an existing public or private sewage
treatment plant, an additional four units per acre of residential
development and an additional 1,500 square feet per acre of nonresidential
development may be permitted.
(3)
If the property has been specifically targeted for redevelopment
or elimination of blight in a community-based adopted hamlet plan
or other planning/land use document, corridor plan, land use plan
or blight plan adopted by the Town Board, an additional two units
per acre of residential development and an additional 1,000 square
feet per acre of nonresidential development may be permitted.
(4)
If the project uses high-quality, fire-resistant structural materials,
including but not limited to steel, concrete and masonry, an additional
one unit per acre of residential development and an additional 250
square feet per acre of nonresidential development may be permitted.
(5)
If the project uses substantial amounts of green energy technologies,
an additional one unit per acre of residential development and an
additional 250 square feet per acre of nonresidential development
may be permitted.
(6)
If the project stays within the existing development envelope and
will not substantially remove existing natural vegetation or remove
landmark trees, then an additional one unit per acre of residential
development and an additional 500 square feet per acre of nonresidential
development may be permitted.
(7)
An additional one unit per acre of residential development may be
permitted if a minimum of 20% of the total housing units will be designed
and constructed for those who have special needs. Minimum special
needs design requirements are:
(a)
Housing/units specifically designed to meet universal design
guidelines or housing/units specifically designed for the visual,
auditory, or other special need.
(b)
The applicant/owner shall enter a partnership or contract with
a special need advocacy housing group hearing to design and administer
the housing units.
C.
Additional nonresidential development may be substituted for residential
development at a rate of the total number of proposed residential
units per acre for every 10,000 square feet of additional nonresidential
development.
D.
Residential units that are equal to or less than 450 square feet
shall be calculated as 1/2 units for the purposes of complying with
the base density and density increase criteria contained herein.
E.
Increases in density and intensity grated herein shall not require
the redemption of Pine Barrens Credits.
A.
All change of zone applications that are not effective within one
year of the date of the change of zone grant and for every additional
six months thereafter, shall forfeit one unit per acre of residential
development and 500 square feet per acre of nonresidential development.
B.
The applicant/owner shall obtain site plan approval from the Planning
Board within two years of the effective date of the change of zone.
(1)
The applicant/owner shall forfeit one unit per acre of residential
development and 500 square feet per acre of nonresidential development
if conditional site plan approval from the Planning Board is not obtained
within two years of the effective date of the change of zone.
(2)
For every additional six months after two years of the effective
date of the change of zone, if conditional site plan approval from
the Planning Board has not been obtained, the applicant/owner shall
forfeit an additional one unit per acre of residential development
and 500 square feet per acre of nonresidential development.
C.
The applicant/owner shall obtain a building permit and start substantial
construction within three years of the effective date of the change
of zone.
(1)
The applicant/owner shall forfeit one unit per acre of residential
development and 500 square feet per acre of nonresidential development
if a building permit and start of substantial construction has not
commenced within three years of the effective date of the change of
zone.
(2)
For every additional six months after three years of the effective
date of the change of zone, if a building permit has not been obtained
and start of substantial construction has not commenced, the applicant/owner
shall forfeit an additional one unit per acre of residential development
and 500 square feet per acre of nonresidential development.
D.
The Town Board may grant a six-month extension of time for making
the zoning effective, obtaining site plan approval or obtaining a
building permit and starting substantial construction, upon written
request from the applicant/owner subject to the following requirements:
(1)
The written request must state the reasons for the extension and
delay and must document that the applicant is diligently trying to
obtain all required governmental permits and approvals.
(2)
The extension request shall be accompanied by a fee equal to 1/2
of the change of zone, site plan or building permit application fee
that is the subject of the extension request.
(3)
The extension request is made 30 days prior to the expiration of
the time limits herein, and the maximum extension request is limited
to six months. Failure to submit all required documentation and fees
prior to expiration of the time limits shall result in automatic density
forfeiture as regulated herein.
(4)
The Town Board has the discretion to deny, approve, conditionally
approve or limit the length of any extension requested by the applicant.
Additional public amenities or recreation facilities/fees may be included
in any conditional approval.
A.
Nothing herein shall be construed to require the Town Board to grant
maximum or any increase in density.
B.
If any clause, sentence, paragraph, section or item of this article
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not impair nor invalidate the remainder hereof,
but such adjudication shall be confined in its operation to the clause,
sentence, paragraph, section or item directly involved in the controversy
in which such judgment shall have been rendered.
C.
This article shall not be construed to supersede any federal, or
state, or county laws or regulations, nor shall this article be interpreted
in a manner as to bring it into conflict with federal, or state, or
county laws.
D.
Amendments to the Zoning Map to Commercial Redevelopment District
shall not require a land use intensification mitigation fee.
